Commonwealth v. Marcelli

The defendant’s claim that he was entitled to a required finding of not guilty on the indictment 1 charging him with manslaughter (G. L. c. 265, § 13) is without merit. There was evidence from which the jury could have found the following facts.

The decedent’s girlfriend visited the apartment of the decedent Thomas Brown on the evening of March 20, 1979. Brown was lying on the floor breathing erratically; his lips were turning blue. The defendant informed her that Brown “had done some Dilaudid.” The girlfriend could not wake Brown up, and she, the defendant and a third person moved him to his…